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APPROVED BY <br />CITY USIL <br />Date 1�e <br />Item <br />SECOND AMENDMENT TO <br />PROFESSIONAL SERVICES AGREEMENT <br />BETWEEN THE CITY OF COLTON <br />AND <br />ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA INC. <br />PARTIES AND DATE <br />This Second Amendment to the Professional Services Agreement ("Second <br />Amendment') is made and entered into this 10h day of September, 2008 by and between the City <br />of Colton ("City') and Engineering Resources of Southern California ("Consultant'). City and <br />Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this <br />Second Amendment. <br />2. RECITALS. <br />2.1 Agreement. City and Consultant entered into that certain Professional Services <br />Agreement dated March 16, 2004 ("Agreement'), whereby Consultant agreed to provide design <br />services for the 3-5 Storm Drain Project. City and Consultant amended the Agreement for the <br />first time to include providing a hydrology report study for the Colton Superblock Project. <br />2.2 Amendment. City and Consultant desire to amend the Agreement for the Second <br />time to extend the term of the Agreement. <br />3. TERMS. <br />3.1 Term. Section 3.1.2 of the Agreement is hereby deleted in its entirety and <br />replaced with a new Section 3.1.2 to read as follows: <br />"3.1.2. Term. The term of this Agreement shall be from March 16, 2004 until <br />June 30, 2009, unless earlier terminated as provided herein. Consultant shall complete <br />the Services within the term of this Agreement, and shall meet any other established <br />schedules and deadlines." <br />3.2 Exhibit. Exhibit `B" is hereby deleted in its entirety and replaced with a new <br />Exhibit `B" attached hereto and incorporated herein by reference." <br />3.3 Continuing Effect of Agreement. Except as amended by this Second <br />Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. <br />From and after the date of this Second Amendment, whenever the term "Agreement' appears in <br />the Agreement, it shall mean the Agreement as amended by this Second Amendment. <br />3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that <br />they have each received adequate and independent consideration for the performance of the <br />obligations they have undertaken pursuant to this Second Amendment. <br />